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90_HB0811eng
5 ILCS 375/3 from Ch. 127, par. 523
Amends the State Employees Group Insurance Act of 1971 to
change the definition of "retired employee" to include
retired employees of public community colleges who are 65
years of age or older and are receiving a retirement annuity
or disability benefits under the Pension Code. Effective
July 1, 1998.
LRB9003810PTcw
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1 AN ACT to amend the State Employees Group Insurance Act
2 of 1971 by changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Employees Group Insurance Act of
6 1971 is amended by changing Section 3 as follows:
7 (5 ILCS 375/3) (from Ch. 127, par. 523)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3. Definitions. Unless the context otherwise
10 requires, the following words and phrases as used in this Act
11 shall have the following meanings. The Department may define
12 these and other words and phrases separately for the purpose
13 of implementing specific programs providing benefits under
14 this Act.
15 (a) "Administrative service organization" means any
16 person, firm or corporation experienced in the handling of
17 claims which is fully qualified, financially sound and
18 capable of meeting the service requirements of a contract of
19 administration executed with the Department.
20 (b) "Annuitant" means (1) an employee who retires, or
21 has retired, on or after January 1, 1966 on an immediate
22 annuity under the provisions of Articles 2, 14, 15 (including
23 an employee who has retired and is receiving a retirement
24 annuity under an optional program established under Section
25 15-158.2 and who would also be eligible for a retirement
26 annuity had that person been a participant in the State
27 University Retirement System), paragraphs (b) or (c) of
28 Section 16-106, or Article 18 of the Illinois Pension Code;
29 (2) any person who was receiving group insurance coverage
30 under this Act as of March 31, 1978 by reason of his status
31 as an annuitant, even though the annuity in relation to which
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1 such coverage was provided is a proportional annuity based on
2 less than the minimum period of service required for a
3 retirement annuity in the system involved; (3) any person not
4 otherwise covered by this Act who has retired as a
5 participating member under Article 2 of the Illinois Pension
6 Code but is ineligible for the retirement annuity under
7 Section 2-119 of the Illinois Pension Code; (4) the spouse of
8 any person who is receiving a retirement annuity under
9 Article 18 of the Illinois Pension Code and who is covered
10 under a group health insurance program sponsored by a
11 governmental employer other than the State of Illinois and
12 who has irrevocably elected to waive his or her coverage
13 under this Act and to have his or her spouse considered as
14 the "annuitant" under this Act and not as a "dependent"; or
15 (5) an employee who retires, or has retired, from a qualified
16 position, as determined according to rules promulgated by the
17 Director, under a qualified local government or a qualified
18 rehabilitation facility or a qualified domestic violence
19 shelter or service. (For definition of "retired employee",
20 see (p) post).
21 (c) "Carrier" means (1) an insurance company, a
22 corporation organized under the Limited Health Service
23 Organization Act or the Voluntary Health Services Plan Act, a
24 partnership, or other nongovernmental organization, which is
25 authorized to do group life or group health insurance
26 business in Illinois, or (2) the State of Illinois as a
27 self-insurer.
28 (d) "Compensation" means salary or wages payable on a
29 regular payroll by the State Treasurer on a warrant of the
30 State Comptroller out of any State, trust or federal fund, or
31 by the Governor of the State through a disbursing officer of
32 the State out of a trust or out of federal funds, or by any
33 Department out of State, trust, federal or other funds held
34 by the State Treasurer or the Department, to any person for
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1 personal services currently performed, and ordinary or
2 accidental disability benefits under Articles 2, 14, 15
3 (including ordinary or accidental disability benefits under
4 an optional program established under Section 15-158.2),
5 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
6 Illinois Pension Code, for disability incurred after January
7 1, 1966, or benefits payable under the Workers' Compensation
8 or Occupational Diseases Act or benefits payable under a sick
9 pay plan established in accordance with Section 36 of the
10 State Finance Act. "Compensation" also means salary or wages
11 paid to an employee of any qualified local government or
12 qualified rehabilitation facility or a qualified domestic
13 violence shelter or service.
14 (e) "Commission" means the State Employees Group
15 Insurance Advisory Commission authorized by this Act.
16 Commencing July 1, 1984, "Commission" as used in this Act
17 means the Illinois Economic and Fiscal Commission as
18 established by the Legislative Commission Reorganization Act
19 of 1984.
20 (f) "Contributory", when referred to as contributory
21 coverage, shall mean optional coverages or benefits elected
22 by the member toward the cost of which such member makes
23 contribution, or which are funded in whole or in part through
24 the acceptance of a reduction in earnings or the foregoing of
25 an increase in earnings by an employee, as distinguished from
26 noncontributory coverage or benefits which are paid entirely
27 by the State of Illinois without reduction of the member's
28 salary.
29 (g) "Department" means any department, institution,
30 board, commission, officer, court or any agency of the State
31 government receiving appropriations and having power to
32 certify payrolls to the Comptroller authorizing payments of
33 salary and wages against such appropriations as are made by
34 the General Assembly from any State fund, or against trust
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1 funds held by the State Treasurer and includes boards of
2 trustees of the retirement systems created by Articles 2, 14,
3 15, 16 and 18 of the Illinois Pension Code. "Department"
4 also includes the Illinois Comprehensive Health Insurance
5 Board and the Illinois Rural Bond Bank.
6 (h) "Dependent", when the term is used in the context of
7 the health and life plan, means a member's spouse and any
8 unmarried child (1) from birth to age 19 including an adopted
9 child, a child who lives with the member from the time of the
10 filing of a petition for adoption until entry of an order of
11 adoption, a stepchild or recognized child who lives with the
12 member in a parent-child relationship, or a child who lives
13 with the member if such member is a court appointed guardian
14 of the child, or (2) age 19 to 23 enrolled as a full-time
15 student in any accredited school, financially dependent upon
16 the member, and eligible as a dependent for Illinois State
17 income tax purposes, or (3) age 19 or over who is mentally or
18 physically handicapped as defined in the Illinois Insurance
19 Code. For the health plan only, the term "dependent" also
20 includes any person enrolled prior to the effective date of
21 this Section who is dependent upon the member to the extent
22 that the member may claim such person as a dependent for
23 Illinois State income tax deduction purposes; no other such
24 person may be enrolled.
25 (i) "Director" means the Director of the Illinois
26 Department of Central Management Services.
27 (j) "Eligibility period" means the period of time a
28 member has to elect enrollment in programs or to select
29 benefits without regard to age, sex or health.
30 (k) "Employee" means and includes each officer or
31 employee in the service of a department who (1) receives his
32 compensation for service rendered to the department on a
33 warrant issued pursuant to a payroll certified by a
34 department or on a warrant or check issued and drawn by a
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1 department upon a trust, federal or other fund or on a
2 warrant issued pursuant to a payroll certified by an elected
3 or duly appointed officer of the State or who receives
4 payment of the performance of personal services on a warrant
5 issued pursuant to a payroll certified by a Department and
6 drawn by the Comptroller upon the State Treasurer against
7 appropriations made by the General Assembly from any fund or
8 against trust funds held by the State Treasurer, and (2) is
9 employed full-time or part-time in a position normally
10 requiring actual performance of duty during not less than 1/2
11 of a normal work period, as established by the Director in
12 cooperation with each department, except that persons elected
13 by popular vote will be considered employees during the
14 entire term for which they are elected regardless of hours
15 devoted to the service of the State, and (3) except that
16 "employee" does not include any person who is not eligible by
17 reason of such person's employment to participate in one of
18 the State retirement systems under Articles 2, 14, 15 (either
19 the regular Article 15 system or an optional program
20 established under Section 15-158.2) or 18, or under paragraph
21 (b) or (c) of Section 16-106, of the Illinois Pension Code,
22 but such term does include persons who are employed during
23 the 6 month qualifying period under Article 14 of the
24 Illinois Pension Code. Such term also includes any person
25 who (1) after January 1, 1966, is receiving ordinary or
26 accidental disability benefits under Articles 2, 14, 15
27 (including ordinary or accidental disability benefits under
28 an optional program established under Section 15-158.2),
29 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
30 Illinois Pension Code, for disability incurred after January
31 1, 1966, (2) receives total permanent or total temporary
32 disability under the Workers' Compensation Act or
33 Occupational Disease Act as a result of injuries sustained or
34 illness contracted in the course of employment with the State
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1 of Illinois, or (3) is not otherwise covered under this Act
2 and has retired as a participating member under Article 2 of
3 the Illinois Pension Code but is ineligible for the
4 retirement annuity under Section 2-119 of the Illinois
5 Pension Code. However, a person who satisfies the criteria
6 of the foregoing definition of "employee" except that such
7 person is made ineligible to participate in the State
8 Universities Retirement System by clause (4) of the first
9 paragraph of Section 15-107 of the Illinois Pension Code is
10 also an "employee" for the purposes of this Act. "Employee"
11 also includes any person receiving or eligible for benefits
12 under a sick pay plan established in accordance with Section
13 36 of the State Finance Act. "Employee" also includes each
14 officer or employee in the service of a qualified local
15 government, including persons appointed as trustees of
16 sanitary districts regardless of hours devoted to the service
17 of the sanitary district, and each employee in the service of
18 a qualified rehabilitation facility and each full-time
19 employee in the service of a qualified domestic violence
20 shelter or service, as determined according to rules
21 promulgated by the Director.
22 (l) "Member" means an employee, annuitant, retired
23 employee or survivor.
24 (m) "Optional coverages or benefits" means those
25 coverages or benefits available to the member on his or her
26 voluntary election, and at his or her own expense.
27 (n) "Program" means the group life insurance, health
28 benefits and other employee benefits designed and contracted
29 for by the Director under this Act.
30 (o) "Health plan" means a self-insured health insurance
31 program offered by the State of Illinois for the purposes of
32 benefiting employees by means of providing, among others,
33 wellness programs, utilization reviews, second opinions and
34 medical fee reviews, as well as for paying for hospital and
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1 medical care up to the maximum coverage provided by the plan,
2 to its members and their dependents.
3 (p) "Retired employee" means any person who would be an
4 annuitant as that term is defined herein but for the fact
5 that such person retired prior to January 1, 1966. Such term
6 also includes any person formerly employed by the University
7 of Illinois in the Cooperative Extension Service who would be
8 an annuitant but for the fact that such person was made
9 ineligible to participate in the State Universities
10 Retirement System by clause (4) of the first paragraph of
11 Section 15-107 of the Illinois Pension Code.
12 (q) "Survivor" means a person receiving an annuity as a
13 survivor of an employee or of an annuitant. "Survivor" also
14 includes: (1) the surviving dependent of a person who
15 satisfies the definition of "employee" except that such
16 person is made ineligible to participate in the State
17 Universities Retirement System by clause (4) of the first
18 paragraph of Section 15-107 of the Illinois Pension Code; and
19 (2) the surviving dependent of any person formerly employed
20 by the University of Illinois in the Cooperative Extension
21 Service who would be an annuitant except for the fact that
22 such person was made ineligible to participate in the State
23 Universities Retirement System by clause (4) of the first
24 paragraph of Section 15-107 of the Illinois Pension Code.
25 (r) "Medical services" means the services provided
26 within the scope of their licenses by practitioners in all
27 categories licensed under the Medical Practice Act of 1987.
28 (s) "Unit of local government" means any county,
29 municipality, township, school district, special district or
30 other unit, designated as a unit of local government by law,
31 which exercises limited governmental powers or powers in
32 respect to limited governmental subjects, any not-for-profit
33 association with a membership that primarily includes
34 townships and township officials, that has duties that
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1 include provision of research service, dissemination of
2 information, and other acts for the purpose of improving
3 township government, and that is funded wholly or partly in
4 accordance with Section 85-15 of the Township Code; any
5 not-for-profit corporation or association, with a membership
6 consisting primarily of municipalities, that operates its own
7 utility system, and provides research, training,
8 dissemination of information, or other acts to promote
9 cooperation between and among municipalities that provide
10 utility services and for the advancement of the goals and
11 purposes of its membership; and the Illinois Association of
12 Park Districts. "Qualified local government" means a unit of
13 local government approved by the Director and participating
14 in a program created under subsection (i) of Section 10 of
15 this Act.
16 (t) "Qualified rehabilitation facility" means any
17 not-for-profit organization that is accredited by the
18 Commission on Accreditation of Rehabilitation Facilities or
19 certified by the Department of Mental Health and
20 Developmental Disabilities to provide services to persons
21 with disabilities and which receives funds from the State of
22 Illinois for providing those services, approved by the
23 Director and participating in a program created under
24 subsection (j) of Section 10 of this Act.
25 (u) "Qualified domestic violence shelter or service"
26 means any Illinois domestic violence shelter or service and
27 its administrative offices funded by the Illinois Department
28 of Public Aid, approved by the Director and participating in
29 a program created under subsection (k) of Section 10.
30 (v) "TRS benefit recipient" means a person who:
31 (1) is not a "member" as defined in this Section;
32 and
33 (2) is receiving a monthly benefit or retirement
34 annuity under Article 16 of the Illinois Pension Code;
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1 and
2 (3) either (i) has at least 8 years of creditable
3 service under Article 16 of the Illinois Pension Code, or
4 (ii) was enrolled in the health insurance program offered
5 under that Article on January 1, 1996, or (iii) is the
6 survivor of a benefit recipient who had at least 8 years
7 of creditable service under Article 16 of the Illinois
8 Pension Code or was enrolled in the health insurance
9 program offered under that Article on the effective date
10 of this amendatory Act of 1995, or (iv) is a recipient or
11 survivor of a recipient of a disability benefit under
12 Article 16 of the Illinois Pension Code.
13 (w) "TRS dependent beneficiary" means a person who:
14 (1) is not a "member" or "dependent" as defined in
15 this Section; and
16 (2) is a TRS benefit recipient's: (A) spouse, (B)
17 dependent parent who is receiving at least half of his or
18 her support from the TRS benefit recipient, or (C)
19 unmarried natural or adopted child who is (i) under age
20 19, or (ii) enrolled as a full-time student in an
21 accredited school, financially dependent upon the TRS
22 benefit recipient, eligible as a dependent for Illinois
23 State income tax purposes, and either is under age 24 or
24 was, on January 1, 1996, participating as a dependent
25 beneficiary in the health insurance program offered under
26 Article 16 of the Illinois Pension Code, or (iii) age 19
27 or over who is mentally or physically handicapped as
28 defined in the Illinois Insurance Code.
29 (x) "Military leave with pay and benefits" refers to
30 individuals in basic training for reserves, special/advanced
31 training, annual training, emergency call up, or activation
32 by the President of the United States with approved pay and
33 benefits.
34 (y) "Military leave without pay and benefits" refers to
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1 individuals who enlist for active duty in a regular component
2 of the U.S. Armed Forces or other duty not specified or
3 authorized under military leave with pay and benefits.
4 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
5 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
6 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-628,
7 eff. 8-9-96; revised 8-23-96.)
8 (Text of Section after amendment by P.A. 89-507)
9 Sec. 3. Definitions. Unless the context otherwise
10 requires, the following words and phrases as used in this Act
11 shall have the following meanings. The Department may define
12 these and other words and phrases separately for the purpose
13 of implementing specific programs providing benefits under
14 this Act.
15 (a) "Administrative service organization" means any
16 person, firm or corporation experienced in the handling of
17 claims which is fully qualified, financially sound and
18 capable of meeting the service requirements of a contract of
19 administration executed with the Department.
20 (b) "Annuitant" means (1) an employee who retires, or
21 has retired, on or after January 1, 1966 on an immediate
22 annuity under the provisions of Articles 2, 14, 15 (including
23 an employee who has retired and is receiving a retirement
24 annuity under an optional program established under Section
25 15-158.2 and who would also be eligible for a retirement
26 annuity had that person been a participant in the State
27 University Retirement System), paragraphs (b) or (c) of
28 Section 16-106, or Article 18 of the Illinois Pension Code;
29 (2) any person who was receiving group insurance coverage
30 under this Act as of March 31, 1978 by reason of his status
31 as an annuitant, even though the annuity in relation to which
32 such coverage was provided is a proportional annuity based on
33 less than the minimum period of service required for a
34 retirement annuity in the system involved; (3) any person not
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1 otherwise covered by this Act who has retired as a
2 participating member under Article 2 of the Illinois Pension
3 Code but is ineligible for the retirement annuity under
4 Section 2-119 of the Illinois Pension Code; (4) the spouse of
5 any person who is receiving a retirement annuity under
6 Article 18 of the Illinois Pension Code and who is covered
7 under a group health insurance program sponsored by a
8 governmental employer other than the State of Illinois and
9 who has irrevocably elected to waive his or her coverage
10 under this Act and to have his or her spouse considered as
11 the "annuitant" under this Act and not as a "dependent"; or
12 (5) an employee who retires, or has retired, from a qualified
13 position, as determined according to rules promulgated by the
14 Director, under a qualified local government or a qualified
15 rehabilitation facility or a qualified domestic violence
16 shelter or service. (For definition of "retired employee",
17 see (p) post).
18 (c) "Carrier" means (1) an insurance company, a
19 corporation organized under the Limited Health Service
20 Organization Act or the Voluntary Health Services Plan Act, a
21 partnership, or other nongovernmental organization, which is
22 authorized to do group life or group health insurance
23 business in Illinois, or (2) the State of Illinois as a
24 self-insurer.
25 (d) "Compensation" means salary or wages payable on a
26 regular payroll by the State Treasurer on a warrant of the
27 State Comptroller out of any State, trust or federal fund, or
28 by the Governor of the State through a disbursing officer of
29 the State out of a trust or out of federal funds, or by any
30 Department out of State, trust, federal or other funds held
31 by the State Treasurer or the Department, to any person for
32 personal services currently performed, and ordinary or
33 accidental disability benefits under Articles 2, 14, 15
34 (including ordinary or accidental disability benefits under
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1 an optional program established under Section 15-158.2),
2 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
3 Illinois Pension Code, for disability incurred after January
4 1, 1966, or benefits payable under the Workers' Compensation
5 or Occupational Diseases Act or benefits payable under a sick
6 pay plan established in accordance with Section 36 of the
7 State Finance Act. "Compensation" also means salary or wages
8 paid to an employee of any qualified local government or
9 qualified rehabilitation facility or a qualified domestic
10 violence shelter or service.
11 (e) "Commission" means the State Employees Group
12 Insurance Advisory Commission authorized by this Act.
13 Commencing July 1, 1984, "Commission" as used in this Act
14 means the Illinois Economic and Fiscal Commission as
15 established by the Legislative Commission Reorganization Act
16 of 1984.
17 (f) "Contributory", when referred to as contributory
18 coverage, shall mean optional coverages or benefits elected
19 by the member toward the cost of which such member makes
20 contribution, or which are funded in whole or in part through
21 the acceptance of a reduction in earnings or the foregoing of
22 an increase in earnings by an employee, as distinguished from
23 noncontributory coverage or benefits which are paid entirely
24 by the State of Illinois without reduction of the member's
25 salary.
26 (g) "Department" means any department, institution,
27 board, commission, officer, court or any agency of the State
28 government receiving appropriations and having power to
29 certify payrolls to the Comptroller authorizing payments of
30 salary and wages against such appropriations as are made by
31 the General Assembly from any State fund, or against trust
32 funds held by the State Treasurer and includes boards of
33 trustees of the retirement systems created by Articles 2, 14,
34 15, 16 and 18 of the Illinois Pension Code. "Department"
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1 also includes the Illinois Comprehensive Health Insurance
2 Board and the Illinois Rural Bond Bank.
3 (h) "Dependent", when the term is used in the context of
4 the health and life plan, means a member's spouse and any
5 unmarried child (1) from birth to age 19 including an adopted
6 child, a child who lives with the member from the time of the
7 filing of a petition for adoption until entry of an order of
8 adoption, a stepchild or recognized child who lives with the
9 member in a parent-child relationship, or a child who lives
10 with the member if such member is a court appointed guardian
11 of the child, or (2) age 19 to 23 enrolled as a full-time
12 student in any accredited school, financially dependent upon
13 the member, and eligible as a dependent for Illinois State
14 income tax purposes, or (3) age 19 or over who is mentally or
15 physically handicapped as defined in the Illinois Insurance
16 Code. For the health plan only, the term "dependent" also
17 includes any person enrolled prior to the effective date of
18 this Section who is dependent upon the member to the extent
19 that the member may claim such person as a dependent for
20 Illinois State income tax deduction purposes; no other such
21 person may be enrolled.
22 (i) "Director" means the Director of the Illinois
23 Department of Central Management Services.
24 (j) "Eligibility period" means the period of time a
25 member has to elect enrollment in programs or to select
26 benefits without regard to age, sex or health.
27 (k) "Employee" means and includes each officer or
28 employee in the service of a department who (1) receives his
29 compensation for service rendered to the department on a
30 warrant issued pursuant to a payroll certified by a
31 department or on a warrant or check issued and drawn by a
32 department upon a trust, federal or other fund or on a
33 warrant issued pursuant to a payroll certified by an elected
34 or duly appointed officer of the State or who receives
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1 payment of the performance of personal services on a warrant
2 issued pursuant to a payroll certified by a Department and
3 drawn by the Comptroller upon the State Treasurer against
4 appropriations made by the General Assembly from any fund or
5 against trust funds held by the State Treasurer, and (2) is
6 employed full-time or part-time in a position normally
7 requiring actual performance of duty during not less than 1/2
8 of a normal work period, as established by the Director in
9 cooperation with each department, except that persons elected
10 by popular vote will be considered employees during the
11 entire term for which they are elected regardless of hours
12 devoted to the service of the State, and (3) except that
13 "employee" does not include any person who is not eligible by
14 reason of such person's employment to participate in one of
15 the State retirement systems under Articles 2, 14, 15 (either
16 the regular Article 15 system or an optional program
17 established under Section 15-158.2) or 18, or under paragraph
18 (b) or (c) of Section 16-106, of the Illinois Pension Code,
19 but such term does include persons who are employed during
20 the 6 month qualifying period under Article 14 of the
21 Illinois Pension Code. Such term also includes any person
22 who (1) after January 1, 1966, is receiving ordinary or
23 accidental disability benefits under Articles 2, 14, 15
24 (including ordinary or accidental disability benefits under
25 an optional program established under Section 15-158.2),
26 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
27 Illinois Pension Code, for disability incurred after January
28 1, 1966, (2) receives total permanent or total temporary
29 disability under the Workers' Compensation Act or
30 Occupational Disease Act as a result of injuries sustained or
31 illness contracted in the course of employment with the State
32 of Illinois, or (3) is not otherwise covered under this Act
33 and has retired as a participating member under Article 2 of
34 the Illinois Pension Code but is ineligible for the
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1 retirement annuity under Section 2-119 of the Illinois
2 Pension Code. However, a person who satisfies the criteria
3 of the foregoing definition of "employee" except that such
4 person is made ineligible to participate in the State
5 Universities Retirement System by clause (4) of the first
6 paragraph of Section 15-107 of the Illinois Pension Code is
7 also an "employee" for the purposes of this Act. "Employee"
8 also includes any person receiving or eligible for benefits
9 under a sick pay plan established in accordance with Section
10 36 of the State Finance Act. "Employee" also includes each
11 officer or employee in the service of a qualified local
12 government, including persons appointed as trustees of
13 sanitary districts regardless of hours devoted to the service
14 of the sanitary district, and each employee in the service of
15 a qualified rehabilitation facility and each full-time
16 employee in the service of a qualified domestic violence
17 shelter or service, as determined according to rules
18 promulgated by the Director.
19 (l) "Member" means an employee, annuitant, retired
20 employee or survivor.
21 (m) "Optional coverages or benefits" means those
22 coverages or benefits available to the member on his or her
23 voluntary election, and at his or her own expense.
24 (n) "Program" means the group life insurance, health
25 benefits and other employee benefits designed and contracted
26 for by the Director under this Act.
27 (o) "Health plan" means a self-insured health insurance
28 program offered by the State of Illinois for the purposes of
29 benefiting employees by means of providing, among others,
30 wellness programs, utilization reviews, second opinions and
31 medical fee reviews, as well as for paying for hospital and
32 medical care up to the maximum coverage provided by the plan,
33 to its members and their dependents.
34 (p) "Retired employee" means any person who would be an
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1 annuitant as that term is defined herein but for the fact
2 that such person retired prior to January 1, 1966. Such term
3 also includes any person formerly employed by the University
4 of Illinois in the Cooperative Extension Service who would be
5 an annuitant but for the fact that such person was made
6 ineligible to participate in the State Universities
7 Retirement System by clause (4) of the first paragraph of
8 Section 15-107 of the Illinois Pension Code. The term also
9 includes a retired employee of a public community college
10 organized under the Public Community College Act who is 65
11 years of age or older and is receiving a retirement annuity
12 or disability benefits under Article 15 of the Illinois
13 Pension Code.
14 (q) "Survivor" means a person receiving an annuity as a
15 survivor of an employee or of an annuitant. "Survivor" also
16 includes: (1) the surviving dependent of a person who
17 satisfies the definition of "employee" except that such
18 person is made ineligible to participate in the State
19 Universities Retirement System by clause (4) of the first
20 paragraph of Section 15-107 of the Illinois Pension Code; and
21 (2) the surviving dependent of any person formerly employed
22 by the University of Illinois in the Cooperative Extension
23 Service who would be an annuitant except for the fact that
24 such person was made ineligible to participate in the State
25 Universities Retirement System by clause (4) of the first
26 paragraph of Section 15-107 of the Illinois Pension Code.
27 (r) "Medical services" means the services provided
28 within the scope of their licenses by practitioners in all
29 categories licensed under the Medical Practice Act of 1987.
30 (s) "Unit of local government" means any county,
31 municipality, township, school district, special district or
32 other unit, designated as a unit of local government by law,
33 which exercises limited governmental powers or powers in
34 respect to limited governmental subjects, any not-for-profit
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1 association with a membership that primarily includes
2 townships and township officials, that has duties that
3 include provision of research service, dissemination of
4 information, and other acts for the purpose of improving
5 township government, and that is funded wholly or partly in
6 accordance with Section 85-15 of the Township Code; any
7 not-for-profit corporation or association, with a membership
8 consisting primarily of municipalities, that operates its own
9 utility system, and provides research, training,
10 dissemination of information, or other acts to promote
11 cooperation between and among municipalities that provide
12 utility services and for the advancement of the goals and
13 purposes of its membership; and the Illinois Association of
14 Park Districts. "Qualified local government" means a unit of
15 local government approved by the Director and participating
16 in a program created under subsection (i) of Section 10 of
17 this Act.
18 (t) "Qualified rehabilitation facility" means any
19 not-for-profit organization that is accredited by the
20 Commission on Accreditation of Rehabilitation Facilities or
21 certified by the Department of Human Services (as successor
22 to the Department of Mental Health and Developmental
23 Disabilities) to provide services to persons with
24 disabilities and which receives funds from the State of
25 Illinois for providing those services, approved by the
26 Director and participating in a program created under
27 subsection (j) of Section 10 of this Act.
28 (u) "Qualified domestic violence shelter or service"
29 means any Illinois domestic violence shelter or service and
30 its administrative offices funded by the Department of Human
31 Services (as successor to the Illinois Department of Public
32 Aid), approved by the Director and participating in a program
33 created under subsection (k) of Section 10.
34 (v) "TRS benefit recipient" means a person who:
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1 (1) is not a "member" as defined in this Section;
2 and
3 (2) is receiving a monthly benefit or retirement
4 annuity under Article 16 of the Illinois Pension Code;
5 and
6 (3) either (i) has at least 8 years of creditable
7 service under Article 16 of the Illinois Pension Code, or
8 (ii) was enrolled in the health insurance program offered
9 under that Article on January 1, 1996, or (iii) is the
10 survivor of a benefit recipient who had at least 8 years
11 of creditable service under Article 16 of the Illinois
12 Pension Code or was enrolled in the health insurance
13 program offered under that Article on the effective date
14 of this amendatory Act of 1995, or (iv) is a recipient or
15 survivor of a recipient of a disability benefit under
16 Article 16 of the Illinois Pension Code.
17 (w) "TRS dependent beneficiary" means a person who:
18 (1) is not a "member" or "dependent" as defined in
19 this Section; and
20 (2) is a TRS benefit recipient's: (A) spouse, (B)
21 dependent parent who is receiving at least half of his or
22 her support from the TRS benefit recipient, or (C)
23 unmarried natural or adopted child who is (i) under age
24 19, or (ii) enrolled as a full-time student in an
25 accredited school, financially dependent upon the TRS
26 benefit recipient, eligible as a dependent for Illinois
27 State income tax purposes, and either is under age 24 or
28 was, on January 1, 1996, participating as a dependent
29 beneficiary in the health insurance program offered under
30 Article 16 of the Illinois Pension Code, or (iii) age 19
31 or over who is mentally or physically handicapped as
32 defined in the Illinois Insurance Code.
33 (x) "Military leave with pay and benefits" refers to
34 individuals in basic training for reserves, special/advanced
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1 training, annual training, emergency call up, or activation
2 by the President of the United States with approved pay and
3 benefits.
4 (y) "Military leave without pay and benefits" refers to
5 individuals who enlist for active duty in a regular component
6 of the U.S. Armed Forces or other duty not specified or
7 authorized under military leave with pay and benefits.
8 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
9 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
10 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
11 eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.
19 Section 99. Effective date. This Act takes effect July
20 1, 1998.
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